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Updated 8-19-22 Tiburcio v. Hillsborough County Sheriff’s Office/Commercial Risk, ___ So.3d___(Fla. 1st DCA 8/17/22)Section 112.18(1)(a) Presumption/Reverse Presumption The DCA reversed the JCC’s denial of compensability of First Responder heart disease.  The JCC found that the heart disease was accidental and in the line of duty, but denied under subsection 112.18(1)(b)1.a’s  “reverse presumption” (where the claimant departs in material fashion from his prescribed course of treatment). The DCA noted the reverse presumption requires the material departure from prescribed treatment requires the treatment... View More

Updated 8-1-22 DFS Recission Recently, the Division of Worker’s Compensation rescinded a memo, originally issued 3/31/20, which stated that a carrier’s refusal to pre-authorize and pay for medication prescribed and dispensed by a physician was inappropriate and contrary to law.  The Division recission was the result of a settlement of an administrative action that alleged the Division’s memo was procedurally and substantively defective.  The Division’s recission of the memo is effective to the date it was issued and states the bulletin... View More

(Florida 1st DCA July 13, 2022)   Death Benefits/Dependency Bill Rogner The First DCA affirmed the JCC’s denial of death benefits to the mother of deceased 16-year-old son who drowned on his first day of work. The 16-year-old had a permanent learning disability, received SSI benefits and had never worked a day in his life prior to the IA. The claimant argued that she qualified for death benefits under 440.16(1)(b) as she and her other children depended upon her 16-year-old’s... View More